Affidavits, Declarations and Statements
July 12, 1984
United States District Court
Eastern District of North Carolina
Affidavit of Richard Mahon (CID)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DISTRICT OF NORTH CAROLINA
|UNITED STATES OF AMERICA|
|v.||Criminal No. 75-26-CR-3|
|JEFFREY R. MACDONALD||Civil No. 84-41-CIV-3|
1. In December 1970 and continuing on into the Spring of 1971, I was a Criminal Investigator, United States Army Criminal Investigation Agency (USACIDA), assigned to conduct the investigation or leads involving Helena Stoeckley's alleged involvement in the murders of Colette, Kimberly and Kristen MacDonald. I did not participate in the Fort Bragg CIDs 1970 investigation of Captain Jeffrey MacDonald.
2. On December 29, 1970, accompanied by Special Agent Robert Bidwell, USACIDA, whose notes I have reviewed (attached), I participated in an interview of Helena Stoeckley in the Conference Room of Womack Army Hospital, Fort Bragg. The purpose of the interview was to obtain Stoeckley's cooperation in taking a polygraph examination and to obtain her fingerprints. She declined at that time to reach a decision on the polygraph, and did not allow herself to be fingerprinted. Concerning the events of February 16-17, 1970, Stoeckley told us that: (a) She remembers getting into a blue car alone . . . the car belonged to someone in "our sort of commune" in three apartments and was used by anyone who wanted it; (b) a GI, whom she identified as Greg Mitchell, turned her on to mescaline that night; she was with him until 12:30 that night; (c) when she got into the car at about 1:15 a.m., February 17, 1970, she was "peaking" on her mescaline high; (d) she said she went to Chapel Hill for a month for methadone treatment in April or May, 1970, and when she returned her boots were gone, her friends at her place having done something with her stuff.
3. On December 30, 1970, accompanied by Special Agent Bidwell, I interviewed Helena Stoeckley at the County Court House, in Fayetteville; Stoeckley again declined to cooperate in a polygraph examination, because, she said she really wasn't certain whether or not she had been at the MacDonald residence on the night of February 17, 1970, she felt that she could only hurt herself by cooperating with us. She could not recall where she was at any time after 1:30 a.m., February 17, 1970, except to say that she had gotten into a blue automobile (not further identified by Stoeckley) which was owned by an unidentified member of her hippie commune, and had driven off alone. She said she didn't know where she went because she had taken a quantity of mescaline at about 12:30 a.m.
4. On February 23, 1971, I interviewed Detective Prince E. Beasley, Interagency Bureau of Narcotics, at the County Courthouse, in Fayetteville, North Carolina. Beasley described Stoeckley as an excellent source of information who had helped the police make many cases. He further stated that Stoeckley, who was at that time attending Aquinas College in Nashville, Tennessee, had written to him fairly often, and that he had thrown away all the letters except one postmarked at Nashville, on January 20, 1971, which he furnished. (attached #1)
5. In Stoeckley's letter of January 20, 1971, she inquired of Beasley:
. . . Is there any way I can take a polygraph to find out whether I was at the MacDonald's (SIC) house or not the night of the murders, without the CID finding out the results? One of the agents said that they could force me to be fingerprinted is that true? . . . By the way did you ever bust Don Harris when he got back? He came in after I left but he called me up here and was apparently doing quite well in dealing."
6. Detective Beasley also told me on February 23, 1971, that: (a) Stoeckley confides in him (Beasley) as a daughter confides in her father; (b) although Beasley doesn't believe that Stoeckley could have been involved in the murders, he stated that she had told him that she didn't know where she had been on the night of February 16-17, 1970, because she had been "high" on drugs that night; (e) he (Beasley) believes that he could convince Stoeckley to cooperate with the CID; (f) during February, 1970, he recalled that Stoeckley had resided at 1108 Clark Street, Fayetteville, an apartment house in which a large number of transient hippies, drug users, and prostitutes resided, Stoeckley had resided in this apartment with a Cathy Ann Smith, 536 North Pompton Turnpike, Wayne, New Jersey; (g) Stoeckley also dated and/or lived with a soldier, Gregory Mitchell, who drove a yellow Plymouth with Florida tags. Mitchell was stationed at Fort Bragg, and was at this time (1971) in Vietnam; (h) Stoeckley was also associated with Shelby Don Harris, also a Fort Bragg soldier at that time. Harris had been discharged from the Army, but frequently returned to Fayetteville to sell drugs. Harris had recently been arrested on drug charges, which were later nolle prossed. He (Beasley) would try to locate Harris for CID and try to arrange an interview; (i) Stoeckley was also associated, in 1970 according to Beasley, with Allen P. Mazerolle, a soldier assigned to the 182nd Aviation Company, Fort Bragg. Because of undercover police work on the part of the Stoeckley, Mazerolle was arrested and convicted of narcotics charges during 1970. He was currently serving three to five years in a North Carolina prison, probably at Raleigh; (j) Stoeckley was also associated with a tall slender Negro named "Smitty". Pat Reese, according to Beasley, knew this man's full identity.
7. On February 24, 1971, accompanied by Detective Beasley, I interviewed Mr. & Mrs. William B. Archbell, 1110 Clark Street, Fayetteville, former neighbors of Stoeckley, who related substantially the following information. After numerous complaints by the Archbells, concerning the hippies living at 1108 Clark Street, the Chief of Police told the landlord (Sergeant First Class (SFC) Alvin Turner) to get rid of their tenants. Around May of 1970, while Stoeckley had been a patient at some local hospital, the Turners evicted the hippies. Mrs. Archbell recalled that Stoeckley had returned to the house to pick up her clothing shortly thereafter.
8. I also spent several hours with Detective Beasley on February 27, 1971, discussing Stoeckley because Beasley felt that he could convince Stoeckley to cooperate with us, he attempted, unsuccessfully, to reach her by phone at Aquinas Junior College (615/297-7545). A message was left with a Sister Dominica for Stoeckley to call our office collect and to ask for Beasley. Beasley also stated that he was willing to travel to Nashville on or about February 26, 1971. Stoeckley subsequently contacted Beasley by phone and informed him that she had consulted with some Legal Services attorneys, who had advised her not to cooperate.
9. On February 27, 1971, Detective Beasley and I flew to Nashville, Tennessee, and made contact with Helena Stoeckley at the Holiday Inn. Beasley wanted to talk to Stoeckley alone, and did so between 2:30 and 5:00 p.m. During this time, according to Beasley, Stoeckley stated the following: She will not talk to and cooperate with the CID or any other police officer regarding the MacDonald murder investigation. She said that she would not have come to talk with Beasley if she had known that a CID Agent was with him. She considers Beasley to be a friend and not a police officer and will talk with him. She would not let Beasley fingerprint or photograph her. She would not submit to a polygraph examination unless she was first granted immunity in the case. She told Beasley that she did not know where she had been on the night of the murders; that she had taken some drugs and had driven somewhere in a car. She said that she couldn't even remember whose car she had driven off in. She said that she has a mental block about where she had been that night and can't remember. She said she believes that Dr. MacDonald was responsible for the murders; but she is afraid to take the polygraph because she might implicate the persons who were involved in the murders. She also said she didn't believe that she was involved in the murders, at least not directly involved, but she wasn't certain. She didn't elaborate further. She said that she once had a blond fall (wig) but that she had given it to Cathy Smith or some other girl. She had more than one floppy hat and that she had given one of them to Patrolman R. L. Hurt, Fayetteville Police Department, "because he had asked me for it". She also stated that she had recently gotten a telephone call from Gregory Mitchell in Vietnam; he (Mitchell) said he had been wounded and would be back in the States soon
10. On February 28, 1971, Beasley interviewed Stoeckley at the Holiday Inn between 2:00 and 6:00 p.m., and took her to dinner between 8:15 and 11:15 p.m. According to Beasley, Stoeckley still would not cooperate with us because she thinks that she probably was involved in the MacDonald murders as a witness of some kind. She doesn't know if she is or not and she thinks she has a mental block about her activities on the night of February 16-17, 1970, because she saw something terrible that night. The blue Mustang she drove off in on the night of February 16-17, 1970, Beasley related, belonged to Bruce Fowler, a soldier who lived at the Clark Street residence. The other girl who lived with Stoeckley and Cathy Smith is Diane Hedden, now married to a Ray Cazares and who was said to be living in the Fayetteville area at this time.
11. On or about March 1, 1971, Detective Prince Beasley signed a document entitled: Statement of Detective P. W. Beasley, Police Department, Fayetteville, N.C. (attachment #2). In pertinent part Prince Beasley stated:
"After the night of the MacDonald incident, I picked Helena Stoeckley up for questioning in reference to this. I talked with her in reference to the case. She was in a joyful mood and joked about her ice pick. I then told her that that this was a serious situation and to act that way. At this time she did not state to me that she could not remember what happened on that night. I don't believe the question came up. She told me of several locations in the Fayetteville area that persons fitting the description of the suspects lived. These places were raided and several suspects were picked up and questioned. Some of the most likely ones were turned over to the FBI for further investigation.
On this night and nights after this incident I had several people call and offer any help they could in locating suspects. Most of the ones that offered help were of the hippie type. They stated that they were tired of being harassed by the Narcotic Squad and Police. These people gave names of suspects and Helena Stoeckley was one of them. However, after Helena was questioned by the local authorities and the FBI, along with CID agents from Ft. Bragg, she was released. However, she was talked to on other occasions in reference to this case and nothing concrete could be pinned on her. (emphasis supplied).
12. Prince Beasley further stated on March 1, 1971, that:
"I have known Helena for some three (3) years. I know her to be a drug user and a drug pusher. She has furnished me with information that has resulted in the arrest and conviction of several drug dealers in the Fayetteville area. At this time most of them are still in prison. She appears to me to be starving for attention and this I tried to give her, and for this and this reason alone I believe that is why she turned in some of her best friends for dealing in narcotics. Helena would do anything to get me to pat her on, the back and act proud of her. I have talked to both of Helena's parents and from what I can deduce she has a strong conviction that she is not wanted at home.
After talking with Helena in reference to giving information that is desired and explaining the situation to her she still refuses to submit to necessary information that may erase suspicion from her. It is my conviction that (or at least she thinks she is) or that she is doing this just to get all the attention that she possibly can.
13. I have read the trial testimony of Prince Beasley, as well as the subsequent statements he gave to private investigators employed on Jeffrey MacDonald's behalf, and I can state that at no time during our numerous conversations concerning Helena Stoeckley and her associates, did Beasley ever state to me:
(a) that he had seen Stoeckley, attired in a floppy hat, blonde wig, and boots, accompanied by Dwight Smith, Shelby Don Harris, Allan Mazerolle, Bruce Fowler or Greg Mitchell on the evening of February 16, 1970, in a blue mustang;
(b) that he had accosted Stoeckley in the early morning hours of February 18, 1970, in the driveway of 1108 Clark Street Fayetteville, in the company of Shelby Don Harris, Dwight Smith, Allan Mazerolle, Bruce Fowler, or Greg Mitchell.
(c) that Helena Stoeckley was associated with Cathy Perry, or that Stoeckley had told him that she (Stoeckley) had given her bloody clothes and boots to Perry following the murders.
14. At this time, and in fact during my entire association with Detective Beasley, he was fully cooperative; he did not manifest any ill will toward the CID, and appeared to greatly enjoy the opportunity to travel to Nashville at the Army's expense. It was my standard operating procedure in this case to record in my CID Case Progress File all information pertaining to Stoeckley, et. al. that I received from Beasley and others. Further, I also recorded the details of my investigative activity in response to those leads which I received. Accordingly, I am astonished at, and can offer no explanation for, the detailed information allegedly linking Stoeckley to the crime, later provided by Beasley to the defense team, which information Beasley did not tell me in 1970-71 despite repeated interviews of him to elicit precisely that type of information.
15. On March 11, 1971, I contacted Detective Beasley who stated to me that Shelby Don Harris, one of Stoeckley's former associates, had been in town last week while I was out of town. According to Beasley, Harris told him that he (Harris) was living at Spring Lake, N.C.
16. Also on March 11, 1971, I spent the day at Fort Bragg searching the military records for individuals identified by Beasley as Stoeckley's associates. First Sergeant Alexander (NMI) Freitas advised that his morning report records reflect that SP5 Gregory H. Mitchell, 237-86-2212, departed Fort Bragg on September 15, 1970, en route to Vietnam with a reporting date of October 15, 1970. I further learned from Staff Sergeant Neal E. Pate, Admin. NCO, 182nd Avn. Co., Fort Bragg, that PFC Allen Patrick Mazerolle, 004-48-3430, DOB: October 24, 1949, was officially dropped from the Army's rolls because of imprisonment on June 3, 1970. Pate stated to me that Mazerolle was assigned to the 182nd AVN Company on December 9, 1970, was AWOL between December 19, 1969 and January 5, 1970, was confined in the Cumberland County Jail for possession and transportation of LSD between January 29 and March 11, 1970, again went AWOL on March 17, 1970. I subsequently reviewed the collateral report of investigation prepared by Detachment B, 3rd MP Group (CI), Fort Bragg, N.C., based on information communicated to CID on January 28, 1970, at 9:50 p.m., by Sergeant J. B. DeCarter, Inter-Agency Bureau of Narcotics, Fayetteville, that PFC Allen Patrick Mazerolle, 004-48-3430; 182nd AVN Co., Fort Bragg, and Thomas Joseph Rizzo, 123-36-9924; 9 Woodland Drive, Highland, New York, were apprehended and charged with possession and transportation of LSD and an automatic weapon. As further reflected in the CID report, investigation by the Inter-Agency Bureau of Narcotics, disclosed that at about 9:30 p.m., January 28, 1970, Mazerolle was observed in a 1970 Ford Cobra, driven by Rizzo. The car had been under surveillance upon receipt of information from a confidential informant that LSD was being transported in the automobile. Mazerolle, a passenger sitting in the right front seat, opened the door and tossed a bag under the automobile. Sgt. P. Beasley, Inter-Agency Bureau of Narcotics, retrieved the bag which contained 600 2mg. LSD tablets. On that same night, based on a consensual search of Mazerolle's quarters located at 2336 Barrington Circle, Fayetteville, N.C., a .30 caliber M2 carbine, serial # 7413891, with the stock shortened was found. The carbine was turned over to the Alcohol, Tobacco and Firearms Division and a federal warrant was issued for Mazerolle, for violation of a federal firearms statute.
1/ A collateral report is a report prepared by the CID based on information provided by the civilian authorities on arrests of members of the military.
17. On April 7, 1971, I interviewed Lieutenant Colonel (Ret.) Clarence Stoeckley, and Mrs. Helena Werele Stoeckley, at their residence at 315 Valley Road, Fayetteville, concerning their daughter Helena Werele Stoeckley. The Stoeckleys were aware of my recent trip to Nashville, with Prince Beasley. They expressed to me their concern that the police had placed Helena's life in jeopardy when they used her as a narcotics informant. Mrs. Stoeckley recalled that one man whom Helena had informed on, Allen P. Mazerolle, had said that he would kill Helena and Beasley when he got out of prison. The Stoeckleys furnished the following information to me:
(a) They didn't believe that Helena could have been involved in the murders. They consider her use of drugs and the fact that she sometimes says she is a witch as "a stage she is going through".
(b) They recalled that she had brought home flowers and wreaths which she had gotten from the Haymount Flower Shop on more than one occasion . . . long before the MacDonald murders.
(c) Helena is a very bright girl. She skipped a couple of grades in Elementary School and graduated from High School in June, 1969 at age 16.
(d) Helena needs constant praise and attention. That's her natural makeup.
(e) Because her father disapproved of some of her friends and of the way "she was running around" with them, Helena left home for about a week during late 1969. She returned home and lived with her parents until about January 1970 when she moved out again. She was also a police drug informant and her parents disapproved of this. In April 1970 (Helena was living at 1108 Clark Street, Fayetteville, at the time) her father went to her Clark Street residence, picked up most of her belongings and took them home. He stated that Helena was sick and he convinced her to come back home.
(f) Helena stayed at Womack Army Hospital, Fort Bragg on April 13-14, 1970, in the Psychiatric Ward, because of suspected hepatitis and drug use. Womack officials stated that they did not have the facilities to properly treat her . . . and they recommended that Mr. Stoeckley take her to N.C. Memorial Hospital, Chapel Hill, N. C. Because of business commitments, he didn't take her there until April 18, 1970. She remained at Chapel Hill until May 14, 1970, because of "Serum hepatitis". In late June 1970, she was hospitalized two additional weeks for hepatitis. He paid bills.
(g) Mr. Stoeckley stated that, because he didn't really know what was going on, he advised Helena not to cooperate with either the CID or any police officials in connection with this investigation. He felt that MacDonald's lawyers "might be trying to railroad Helena". Mrs. Stoeckley said several times that Cpt. MacDonald murdered his own family. . .
(h) They are currently paying Helena's college tuition and rent. They also send her a minimum of $15.00 per week for food, along with food packages. Helena has always maintained that they were sending her enough money whenever they inquired.
(i) They recalled, when the August 1970 article appeared in the Fayetteville Observer about Helena, Helena laughed and joked about it. She was certain that she hadn't been involved in the murders. However, as time went on and Helena thought about it more and more, she began to have doubts about whether or not she might be involved.
(j) They knew a few of Helena's friends but not by name. They recalled that Helena had lived with Kathy Smith and some other girl at 1108 Clark Street. They recalled a blue Mustang but not its owner. They recalled Greg Mitchell and his yellow car. Mrs. Stoeckley stated that Mitchell had telephoned her home from Vietnam a couple of months ago and wanted to speak to Helena. He called "collect" and Mrs. Stoeckley didn't accept the call. Helena was in Nashville, Tenn, at the time.
(k) They are not certain but they believed that Helena might have been home with them on the night of February 16, 1970. They relate this to the painting of the bathroom which Posey talked about. Mrs. Stoeckley remembered that Helena had come home one night and seemed upset. She was crying and said she wanted to come home but "I knew her father wouldn't bend as long as she was using dope and running around with that crowd". That night, Helena came home and said that her girlfriends were painting the bathroom at their apartment, "with psychedelic painting" and that she didn't want to be around while they were painting it". But Helena did not sleep there. She left around 10:00 or 10:30 p.m. She was alone at the time. [emphasis supplied]
(l) To their knowledge, Helena did not know Captain or Mrs. MacDonald.
(m) Mr. Stoeckley assured me that he would contact Helena as soon as possible and attempt to convince her to cooperate with me. Mrs. Stoeckley said, "if you want some of her hair, I'll shave her head myself". They stated that they were as anxious as we are to clear up this matter.
(n) I told Mr. Stoeckley that I would be contacting him again and I gave him our office telephone number.
18. On April 12, 1971, I interviewed Miss Toni Annette Turner, in the presence of her parents, SFC and Mrs. Alvin A. Turner. Miss Turner stated as follows:
(a) She would know Helena Stoeckley if she saw her but has had no personal contact with her.
(b) She really doesn't know anything about the people who resided at 1108 Clark Street at the time of the murders, nor did she know any of Stoeckley's friends except for Dwight Smith, a Negro civilian and former soldier, Kathy Stoner and Bill Keaton.
(c) She explained that she (Turner) belonged to a Fayetteville Theater group, that used to hang out at an apartment at 1810 Fort Bragg Road, Fayetteville, where Newsman Pat Reese and a "Maggie Mauney" also had apartments.
2/ The Turners were the landlords for 1108 Clark Street, Stoeckley's residence in February 1970. See paragraph "7", supra.
19. On April 13, 1971, I proceeded to the Registrar Division, Womack Army Hospital, Fort Bragg. Through a confidential source of information, I was able to determine that Miss Helena W. Stoeckley did not have an out-patient record on file at this hospital. However, a hospital inpatient record pertaining to Stoeckley was on file. I obtained the following pertinent records:
(a) Womack Army Hospital Clinical Record, dated April 14, 1970, reflecting the recommendation that Stoeckley be hospitalized at Chapel Hill, N.C., "for long term psychotherapy" because of her apparent drug addiction and mental state at that time.
(b) Report "for the confidential information of physicians only", North Carolina Memorial Hospital, University of North Carolina, Chapel Hill, N.C., dated May 14, 1970, which reflects final diagnosis pertaining to Stoeckley of, "narcotics addiction in a schizoid personality." This psychiatric report reflects that Stoeckley began feeling depressed around February 1970; "that two days ago she felt outside herself and at times felt that someone was standing over her with a knife and was going to kill her." She "thought that the date was April 26  when it was actually April 17 ."
(c) Womack Army Hospital Clinical Record, dated July 25, 1970, indicating that Stoeckley was hospitalized from June 4, 1970 to June 26, 1970, for drug use and apparent hepatitis. (see attached #3).
20. As a result of having learned that there was a Nashville Police Officer John "Jack" Rohtert, who was using Stoeckley as an informant, I returned to Nashville, Tennessee, on April 21, 1971, without Detective Prince Beasley. The purpose of my trip was to seek the assistance of the Nashville Police in obtaining fingerprints and hair samples from Helena Stoeckley. I proceeded to the Fort Campbell CID Office and made arrangements to contact officer Rohtert. After Officer Rohtert was contacted by phone, I was advised by CW-4 Maurice Parker that: Rohtert's undercover group were then utilizing Stoeckley's former residence, Apartment 10, 1905 Portland Avenue, Nashville, for their undercover base of operations. Stoeckley was then residing nearby at 1910 Portland Avenue. The Nashville Police had, with Stoeckley's permission, set up eavesdropping equipment in Stoeckley's apartment. Among those frequenting Stoeckley's apartment at 1910 Portland Avenue, was a police officer under investigation by the Internal Affairs Division of the Nashville Police Department. While Stoeckley had resided at 1905 Portland Avenue (then being used by the police as a safe house or listening post) she allegedly wrote on the walls with paint and put her palm prints and finger- prints all over the walls in paint. I determined that the local CID had a camera that could be used to photograph the palm and fingerprints on the walls, however, they had no film on hand. Accordingly, I purchased several rolls of Kodak color film, type CX 126-20, for the purpose of photographing Stoeckley's finger and palm prints for later comparison with the unidentified finger and palm prints found at the crime scene.
21. At 9:10 p.m., April 21, 1971, accompanied by CW-4 Maurice Parker and CID Photographer Frank Toledo, we met Patrolman John J. Rohtert, and then proceeded to the safe house at 1905 Portland Avenue. We remained at the safe-house from 9:45 to 11:15 p.m., during which time Frank Toledo used two complete rolls of film photographing the footprints, palm prints and fingerprints on the walls and ceiling. During this time I interviewed Patrolman Rohtert, who stated essentially the following:
"He is normally assigned to the Patrol Division, Nashville Metropolitan Police Department. He is presently on special assignment with the department's Intelligence and Internal Affairs Unit. His supervisor is Lt. Jack Bowlin, Chief, Intelligence and Internal Affairs Unit. Bowlin is aware that we are photographing the safe-house this evening and would like to get together with me sometime tomorrow. Rohtert's home telephone number 297-3012. The safe-house telephone number 269-4047.
Rohtert relayed that he had met Stoeckley while he was attending a Police Science Course at Aquinas Jr. College in Nashville. Stoeckley was a fellow classmate. This course took place between November 1970 and January 1971.
On March 30, 1971, Rohtert and his partner, [Jim] Gaddis, were on duty and attempting to develop some information from a group of hippies. At that time, Stoeckley approached them and told them that she wanted to meet them later that evening and furnish them with some narcotics information. They did meet later that evening and Stoeckley did, in fact, furnish them good information. As a result of the information furnished by Stoeckley, some arrests were made about three days later, all dealing with narcotics.
Since that time, Stoeckley has been an informant for both him and Gaddis. At the present time, the Intelligence and Internal Affairs Unit has a special interest in police officer(s) who are apparently associating with Stoeckley and/or her hippy associates.
Rohtert stated that Gaddis is closer to Stoeckley than he is.
Stoeckley resided at this 1905 Portland Avenue apartment from about November 1970 to February 1971, at which time she had been evicted by the landlord because of her hippy associates.
Regarding the MacDonald murders, Stoeckley allegedly told Rohtert that she was under the influence of drugs on the night of the murders and she is not certain whether she was involved in the murders or not. She told Rohtert she believes that she was involved in the murders.
Rohtert stated that Stoeckley has told him that she knew Colette MacDonald and the MacDonalds and that she had been in the MacDonald home prior to the murders. Stoeckley has allegedly told Officer Gaddis that she knows who committed the murders.
Rohtert stated that he had obtained (either he or Gaddis) the prints of Stoeckley's fingerprints and sides of her hands for us and that they had been given to the Fort Campbell CID. I told Rohtert that I had the prints but felt that we needed more and I explained in detail exactly what we need in the way of prints from Stoeckley. He said he would try to get them.
Rohtert stated that Gaddis had obtained some hair samples from Stoeckley, however, they somehow had gotten lost. They will try to get more for us.
Rohtert stated that Stoeckley is afraid of the CID and the FBI. She told him that she really wasn't afraid of me but of who I worked for. She has indicated that she will consider talking to me in the presence of Rohtert or Gaddis. According to Rohtert, Stoeckley has stated that she would take a polygraph examination concerning the MacDonald murders but she hasn't indicated that she would let CID polygraph her.
22. On April 23, 1971, I was advised by Lt. Jack Bowlin, Commanding Officer, Internal Affairs Section, Nashville Police Department, that without his prior knowledge the Vice Squad had raided Stoeckley's residence at 1910 Portland Avenue, and had arrested her for possession of marijuana and mescaline. The reason Bowlin called was to say that Stoeckley had just agreed to "clear up the MacDonald matter", and was willing to submit to a polygraph examination. As a result of this information I contacted Mr. Robert A. Brisentine, a USACIDA, polygraph examiner and made arrangements for him to come to Nashville later that day. Mr. Brisentine interviewed Stoeckley (see attachment #4) but declined to administer the examination because of Stoeckley's condition. Stoeckley made separate statements to both Brisentine and Gaddis (see attachment #5) claiming personal knowledge of the MacDonald murders.
23. On April 24, 1971, following her polygraph Stoeckley left the Nashville Police Department at 7:45 p.m. I was subsequently contacted by Lt. Jack Bowlin, who advised that Stoeckley had been at the safe-house and left a note for Patrolman Jim Gaddis, in which she disclaimed any knowledge of the murders or even being in the MacDonald house. (See attachment #6)
24. On April 26, 1971, between 1:45 and 3:30 p.m., following advising her of her rights, I interviewed Helena Stoeckley in the presence of Patrolman Jim Gaddis, at the Ramada Inn in Nashville. During the interview, Stoeckley denied having any knowledge of the MacDonald murders. She stated that she would not give us her fingerprints "because it might just get me in more trouble than I'm already in". Stoeckley repeatedly told me a story (which she later admitted was phony) about her being with Gregory Mitchell until about midnight on the night of the murders; that Mitchell had given her some mescaline which she used; that she got into a blue car by herself at her Clark Street apartment around 1:00 a.m.; that she drove to a bridge on the Cape Fear River and parked there until around 4:00 a.m.; that she had seen an old fisherman on the other side of the river who was wearing glasses; the fisherman had waved and told her he was fishing for catfish; when she left the river at about 4:00 a.m. she picked up two unidentified hitchhikers and drove back to her apartment, at which time she let the hitchhikers borrow the blue car which she stated did belong to Bruce Fowler. When she finally admitted that the above-mentioned story was false, Stoeckley stated that Detective Prince Beasley, of the Fayetteville Police Department had told her, "tell them anything just get them off your back." Stoeckley was also questioned by me on this occasion as to the current whereabouts of Mitchell and Bruce Fowler. She advised that Greg Mitchell was at that time in Vietnam, and that Bruce Fowler was discharged from the army at Fort Bragg at the time of the murders. Stoeckley stated that she wasn't going to give me her fingerprints and that she didn't believe that anyone could arrest her or do anything to her in connection with the MacDonald murders, "because nobody has anything proof of anything." She furnished no further pertinent information and she terminated the interview of her own accord at 3:30 p.m. and departed with Patrolman Jim Gaddis.
3/ I was never able to locate any records which substantiated that Bruce Johnny Fowler had ever been in the U.S. Army; Fowler himself was subsequently located and interviewed.
24. On April 28, 1971, I proceeded to the Fort Campbell CID office, as reflected in my investigators activity report for that date (attached -- see also Exhibit I to Motion to Set Aside Judgment of Conviction Pursuant to 28 U,S,C, S 2255) and I obtained Investigator Toledo's Reading File (see Exhibit H, supra) concerning our activity on April 21, 1971, which primarily dealt with his photographing of the prints located on the safe-house walls. I was at Fort Campbell until 1:00 a.m. typing my reading files, reproducing records, and preparing three envelopes to mail this material to our Fayetteville Office. I returned to Nashville at approximately 2:00 a.m., April 29, 1971. I have read the allegations contained in Jeffrey MacDonald's Motion to Set Aside Judgment of Conviction Pursuant to 28 U.S.C. 2255 (hereinafter 2255 motion) contained at pages 14-16, pertaining to alleged suppression of the letter "G" found on the walls of the safe-house, and in response I can state as follows:
(a) I have no recollection of Investigator Toledo making any statement at 1905 Portland Avenue on April 21, 1971, concerning any opinion he might have had about any resemblance to the "G" on the headboard, in any event I was interviewing Patrolman John Rohtert at that time. I note that the entry in Investigator Toledo's Case Progress File (Exhibit H, 2255 Motion) reflects that the two rolls of exposed film were turned over to me by Toledo on April 21, 1971. I have no recollection of Toledo turning over to me on April 21, 1971, his handwritten notes (Exhibit G, 2255 Motion) which contains the statement about the "G" being similar to that found on the headboard. In any event it is Toledo's reading file, typed by Toledo, which is essentially a photographic log, which does not contain his prior reference to his opinion as to the similarity of the "G's", I certainly can't recall comparing his handwritten notes with his typed reading file entries. To the best of my recollection I would have used his typed reading file to refresh my recollection as to the sequence of continuous investigative activity over the preceding eight days. In any event neither of us were trained as handwriting experts. I further note that the 2255 Motion states at page 15 that: Toledo transferred the photographs to Agent Mahon. Mahon prepared a CID report dated April 28, 1971, which makes no mention of the letter "G" and contained only 11 of Toledo's 40 photographs. This statement is factually inaccurate, whether by design or ineptitude, on several grounds. In the first place Toledo never gave me any developed photographs. What Toledo gave me as his own reading file reflects (Exhibit H, 2255 Motion), were the two rolls of exposed film. I do recall photographs from the Nashville Police which I forwarded to Fayetteville. Further, not only did I not make any mention of the letter "G" in my reading file entry of April 28, 1971, I didn't describe any of the specific exposures made by Toledo, because, I didn't make the exposures myself. They were already listed in Toledo's reading file, and I had to send the film and Toledo's reading file back to our Fayetteville office for eventual forwarding to the CID Laboratory at Fort Gordon. As to the handwritten notes of Toledo, (Exhibit G, 2255 Motion), I do not recall seeing them, at this time, however, it is possible that I forwarded them to the Fayetteville Office along with his typed reading file and the exposed rolls of film as was my normal practice. To the best of my recollection, I did not see the prints from the film exposed by Toledo at any time in 1971.
25. On April 29, 1971, I spent the afternoon at the safe-house, 1905 Portland Avenue, Nashville, with Lieutenant Bowlin and Patrolman Gaddis. According to Gaddis, he spoke with Helena on that morning and she brought up the MacDonald case. She mentioned to Gaddis that the hippies (murderers) had attempted to get Dr. MacDonald sometime prior to February 17, 1970, but had failed. Gaddis said he couldn't get any specific details from Helena Stoeckley but she hinted that they had probably been to the MacDonald house and that nobody had been home, Helena Stoeckley also mentioned to Gaddis that Bruce Fowler's blue Mustang had Hawaii license plates on it at the time of the murders. Also on April 29, 1971, Patrolman Gaddis executed a written statement concerning information which Stoeckley had told him (attached #5). On May 2, 1971, I departed Nashville, Tennessee and returned to Fayetteville, North Carolina.
26. On May 3, 1971, following a conference in Fayetteville with CW-3 Peter Kearns, USACIDA, it was decided, that accompanied by Special Agent Ivory, I would proceed to New Jersey, Alabama and Florida to locate and interview Kathy Ann Smith, Dianne Marie Hedden Cazares, Gregory H. Mitchell and Bruce Fowler.
27. On May 5, 1971, accompanied by Special Agent Ivory, I interviewed Miss Kathy Ann Smith at her residence. Miss, Smith furnished us with three letters written to her by Stoeckley (attached #8). A sworn statement was obtained from Miss Smith concerning her whereabouts on the night of the murders, in which she stated that she spent the night from 7:00 p.m. to 3:30 a.m. at Bruce Fowler's trailer on Highway 59, with Fowler, Charlie Brown, J. C. Conklin, and John Laape. (attached #9).
28. On May 7, 1971, accompanied by Special Agent Ivory, I interviewed and obtained a sworn statement from Diane Marie Cazares (NÉE - Hedden) (see attached #10). In her statement Mrs. Cazares says that she had been at the Village Shoppe, Fayetteville, from 8:00 or 9:00 p.m. until 1:00 a.m. on the night of the murders, having been driven there, along with Kathy Smith, by Helena Stoeckley in a car. Stoeckley departed from the Village Shoppe alone in a car, which Hedden believed was either yellow or blue. Kathy Smith according to Cazares departed with "Bruce", Charlie Brown and John Laape. Cazares, herself, left the Village Shoppe accompanied by Don Harris, returned to the apartment at 1108 Clark Street with Harris, and spent the night with him painting the bathroom. Stoeckley didn't return until sometime after 7:00 a.m., nor did Kathy Smith spend the night at the Clark Street apartment.
29. On May 11, 1971, accompanied by Special Agent Ivory, I interviewed Bruce Johnny Fowler and obtained a sworn statement from him (attached #11). Fowler denied involvement in the murders and knowledge of his or Stoeckley's whereabouts on the night of February 16-17, 1970. Finger and palm prints were obtained from Fowler.
30. Shortly after these interviews I was alerted that I was on orders for a overseas assignment, and thus did not participate further in this investigation.
31. In refreshing my recollection I have relied on my contemporaneously made entries in my reading file as well as those made by other CID agents, (attached #12), as well as my grand jury testimony of November 21, 1974 (attached #13).
Further your affiant sayeth not.
/Richard J. Mahon/
Richard J. Mahon
Sworn and subscribed to
before me this 12th
day of July 1984.
/Ruby Des Rocher/
Ruby Des Rocher